The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.2.5.80 Determining treatment of claimant/recipient with partner in gaol - general provisions

Summary

While a recipient’s partner is imprisoned or in psychiatric confinement because the partner has been charged with committing an offence, the recipient is paid the partnered (partner in gaol) rate applicable to their pension/benefit. This rate is higher than the standard partnered rate and is adjusted to the standard partnered rate from the date of their partner’s release.

Verification of a claimant/recipient's partner being in gaol is needed to determine the rate of payment received (1.1.P.85).

Payment rates

For partner in gaol rates refer to 5.1.8.10 Common pension rates and 5.1.8.20 Common benefit rates.

Act reference: SSAct section 4(2) Member of a couple—general

Policy reference: SS Guide 2.2.1 Verifying identity, 2.2.5 Verifying membership of a couple, 3.1.4.10 Situations that constitute being in gaol or psychiatric confinement, 5.1.8 Common rates table

Last reviewed: 8 May 2023

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